Terms And Conditions

Terms And Conditions

PERLAFRIC GLOBAL SERVICE LTD is a private limited liability company incorporated under the Nigerian law. Perlafric.com owns and operates this
Website. This document governs your relationship with Perlafric as a company. Access to and use of this Website and the products and services available
through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (“Terms of Service”).

Perlafric.com is a community powered fashion creation ecommerce site and is comprised of shop and social community. Perlafric provides the social online
platform for fashion designers to be discovered and have their designs introduced to consumers and also gets promoted by Perlafric.com.

By using the Services, you are agreeing to all of the Terms of Service, as may be updated from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Use Of The Site
You are either at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. You acknowledge and agree that
although we will use all reasonable efforts to ensure that the Site is available, temporary interruptions of the Site may occur. We shall not be liable to any
person or entity for loss or damage incurred by such downtimes. All Content and services provided on or through this site are provided “as is” and “as available” for your use. The Content is provided without warranties or conditions of any kind either express or implied, including but not limited to
implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of this site is solely at your risk. We
reserve the right to withdraw or amend the Services and Content we provide on the Site without notice. We may restrict access to some parts of or the entire
Site, from time to time.

Users hereby consent, understand and agrees that perlafric does not have control over the quality, timing, legality or whatsoever service actually delivered
by the sellers, nor of the integrity, responsibility or any of the actions taken by the buyers.
Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and
Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you. Content provided on this site is solely for
informational purposes.

Product representations expressed on this Site are those of the sellers/vendors and are not made by us. Submissions or opinions expressed on this Site are
those of the individual posting such content and may not reflect our opinions. Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if
there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is
entirely responsible for all activities that occur under such password or account.

Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any
way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section. During the registration process
you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the
bottom of any promotional email.

Sellers Obligation
i. The Seller agrees to use reasonable diligence in providing Perlafric with genuine products, up-to- date product quantity information and accurate
product information.
ii. The seller acknowledges and agrees that perlafric provides the seller with the services.

iii. The seller is obligated to allow return of its products if done according to perlafric return policy

Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the
processing described therein and warrant that all data provided by you is accurate.

Compensation
For all of the Services provided by perlafric under this Agreement, the Seller shall compensate perlafric.com with commissions or other payments as
required, in accordance with the terms of the ‘Commission Structure’, which will be communicated to all sellers or agreed in advance between both parties.
Perlafric.com will from time to time review the category commission structure and will notify the Seller of any changes by communicating directly to sellers, or publishing the same on the Seller portal, or on perlafric.com’s website not less than twenty one (21) days before any variation in commission rate or charging structure takes place. Perlafric will remit payments for sales generated by the Seller on its platform except the agreed commission and all applicable taxes as soon as products sold have been delivered and applicable return period has lapsed, or as agreed between the Parties.

Intellectual Property, Software And Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website
remains the property of Perlafric.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by
Perlafric and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish,
manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this
Website nor may you use any such content in connection with any business or commercial enterprise.

Perlafric shall not be liable for, and the sellers/vendors shall indemnify perlafric against any claim that the content, the website and/or the services infringes any intellectual property rights, where the cause of the infringement includes:

any materials or instructions including without limitation, the content
provides to perlafric by or on behalf of the seller

modification, enhancement or alteration of the content by or on behalf
of the seller

due to the use of the content, the website and the services in breach of
the provisions of this agreement.

All third party intellectual property rights required by the seller to enable it to use the website and the services shall be procured by the seller. Perlafric shall
not be liable for any delay or failure of the seller to procure such third party intellectual property rights.

Terms Of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and
confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement
and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the products you
ordered have been dispatched to you. Only those products listed in the confirmation e-mail sent at the time of dispatch will be included in the contract
formed.

(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices that appear on this Website are accurate, errors may occur. If we discover an error in the price of any products you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price
or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the produtss, you will
receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the “Total Cost”.

(c) Payment
Upon receiving your order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the products you wish to purchase. Once the products have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of products you have purchased as listed in the confirmation email.

Disclaimer Of Liability
You agree that Perlafric shall not be liable for any damages suffered as a result of using the Site.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy,
data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the
possibility of such damage. You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and Services and will not make a claim against for lost data, re-run time, inaccurate
instruction, work delays or lost profits resulting from the use of the Site.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us. As a condition of your access to and use of the Site, you agree to indemnify Perlafric and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:

your access to and use of the Site; or

your breach of these Terms and any applicable law or the rights of another
person or party.

Force Majeure
Perlafric shall not be liable for failure or delay in performing its obligations under these Terms and Condition of Use if such failure or delay is
consequent upon a force majeure event. We shall however promptly deliver a written notice of our inability to perform our obligations hereunder and such notice shall state all particulars of the force majeure event. The performance of any obligation suspended due to a force majeure event shall resume soon after the force majeure ends and the duration of suspension consequent upon such force majeure event shall not be considered as time expended for
performance of any obligation under this Terms and Conditions.
For purposes of this Terms and Conditions, force majeure shall include but not
limited to;
 Insurrection,
 War (whether declared or undeclared)
 Revolution or act of public enemy
 Riot or civil commotion
 Strike or lockout or stoppage or restraint of labor
 Act of God, fire, flood, storm or tempest
 Interference directives or orders by or from any government or
governmental authority
 Any other cause not reasonably within our control

Indemnity
You agree to indemnify, defend and hold harmless Perlafric its directors, officers, employees, consultants, agents, and affiliates, from any and all third
party claims, liability, damages and or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Trademarks And Copyrights
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not
limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source
code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Nigeria copyright
laws and international conventions.

All rights are reserved.

Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these
conditions.

Applicable Law And Jurisdiction
These Terms and Conditions shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section
below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.

Arbitration
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential
binding arbitration before a single arbitrator held in Nigeria in English and governed by Nigeria law pursuant to the Arbitration and Conciliation Act
Cap A18 Laws f the Federation of Nigeria 2004. The arbitrator shall be a person who is legally trained and who has experience in the information
technology field in Nigeria and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other
equitable relief through the courts.

Termination
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any
or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use
of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and
deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations
(including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of E-Cart Internet Services in operating the Site, your sole and exclusive remedy is to discontinue using the Site.